NSW UCPR [Form 7A] Defence ➲ Legally Represented

When is a NSW UCPR [Form 7A] Defence ➲ Legally Represented used?

See UCPR Part 14 for more information.

If you are filing a Defence to a Cross-Claim, you can modify this Form to oppose a Cross-Claim.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;

✅ For use in all NSW Court registries for all NSW Courts including Local (General & Small Claims), District (All Lists^), Supreme (Common Law & Equity Divisions) and all Appeals to the NSW Court of Appeal.

Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Alternatives

Self-Represented Defence

If you are self-represented to an authorised officer of a corporation the correct alternative form to use is a [Form 7B] Defence ➲ Self-Represented.

Staying or Transferring the Proceedings

If a court of a state or territory other than New South Wales is the appropriate court to determine the Statement of Claim, you may be able to have the proceedings stayed or transferred by applying to the court that issued the Statement of Claim.

In the case of proceedings issued in the Supreme Court of New South Wales you may be able to apply for the proceedings to be transferred as appropriate to the Supreme Court of another state or territory or to the Federal Court or the Family Court.

In the case of proceedings issued in the Local Court you may file an application to transfer proceedings to an appropriate Local Court at the same time as filing a defence (see Form 85)

When is a NSW UCPR [Form 6A] Appearance used?

See UCPR 6.1 and 6.9, 6.10 & 6.11 for more information.

If you have been served with a Statement of Claim or Summons, you MUST enter an Appearance before you can take any step in the proceedings (including appearing in court) UNLESS:

⚖️ You have filed a Defence in the proceedings. See UCPR 6.9;

⚖️ The court gives you leave to take a step without entering an Appearance;

⚖️ You are acting for a defendant who is applying to set aside the originating process under UCPR 12.11;

⚖️ The plaintiff has applied for an order under rule 25.2 (Order in urgent case before commencement of proceedings); or

⚖️ You are acting for a defendant who makes an application in relation to setting aside or enforcing any judgment.

When is a NSW UCPR [Form 6B] Submitting Appearance used?

Alternatively, you can use a [Form 6B] Submitting Appearance and include a Statement of Submission in the Appearance if you want to submit (i.e. agree) to the court:

⚖️ Making all of the orders that have been sought in the Statement of Claim or Summons;

⚖️ Making all of the orders that have been sought in the Statement of Claim or Summons save as to costs, or

⚖️ Giving or entering judgment in respect of all of the claims made in the Statement of Claim.

If a defendant files a notice of this kind they may only file a Defence or Affidavit or take any other step in the proceedings with the leave of the court (UCPR 6.11(2)).

Legal Advice Recommended

The preparation of this [Form 7A] Defence - Legally Represented or a [Form 7B] Defence - Self-Represented or deciding whether to try to Stay or Transfer the Proceedings or make an Appearance including deciding what kind of Appearance to enter - a [Form 6A] Appearance or a [Form 6B] Submitting Appearance as to all orders (and whether or not to include the statement 'save as to costs') in proceedings has important strategic legal implications.

In short, due to the complexities involved:

➲ We recommend you contact our legal team to obtain legal advice and guidance.